Legal Documents

Terms and Conditions

Terms and Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website (“Website” or “Software”).

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice

2.1 Copyright (c) 2020, Coinmatics

2.2 Subject to the express provisions of these terms and conditions:
- (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:
- (a) view pages from our website in a web browser;
- (b) download pages from our website for caching in a web browser;
- (c) print pages from our website;
- (d) use our website services by means of a web browser;

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:
- (a) republish material from our website (including republication on another website);
- (b) sell, rent or sub-license material from our website;
- (c) show any material from our website in public;
- (d) exploit material from our website for a commercial purpose; or
- (e) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:
- (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- (e) access or otherwise interact with our website using any robot, spider or other automated means;
- (f) violate the directives set out in the robots.txt file for our website; or
- (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5. Registration and accounts

5.1 To be eligible for an account on our website under this Section 5, you must be at least 18 years old.

5.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

5.3 You must not allow any other person to use your account to access the website.

5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5 You must not use any other person's account to access the website.

6. User login details

6.1 If you register for an account with our website, you will be asked to choose a password.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

6.6. You hereby acknowledge and agree that not all the trading signals may be replicated to your account due to various reasons including, but not limited to: i) difference in value of the Trader’s portfolio and your portfolio as Trading Platforms may set minimum limits of orders amount executed via these corresponding Trading Platforms, ii) technical restrictions or problems of Trading Platforms, iii) technical restrictions or problems of the Software or gateways to Trading Platforms.

7. Cancellation and suspension of account

7.1 We may:
- (a) suspend your account;
- (b) cancel your account; and/or
- (c) edit your account details,
at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account on our website by contacting support.

8. Your content: licence

8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9. Your content: rules

9.1 You warrant and represent that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- (a) be libellous or maliciously false;
- (b) be obscene or indecent;
- (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- (d) infringe any right of confidence, right of privacy or right under data protection legislation;
- (e) constitute negligent advice or contain any negligent statement;
- (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- (g) be in contempt of any court, or in breach of any court order;
- (h) be in breach of racial or religious hatred or discrimination legislation;
- (i) be blasphemous;
- (j) be in breach of official secrets legislation;
- (k) be in breach of any contractual obligation owed to any person;
- (l) constitute spam;
- (m) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- (n) cause annoyance, inconvenience or needless anxiety to any person.

10. Fees and Payments

10.1. In consideration for access to the Software and related services, traders and signal providers (collectively, “Traders”), and / or Coinmatics may take fees based on your copying of trading strategies or trading signals, usage of trading statistics, usage of user interfaces for trading platforms or usage of other related services.

Coinmatics applies several types of fees for usage of the Software and related services. For example, fee for copying of paid trading strategies is determined as a percentage of revenue from copy trading, fee for subscription to trading signals is set as a monthly payment. Traders determine at their sole discretion the amount of fee for copying their strategies and for subscribing to their trading signals as well as Traders set billing period applicable to their trading strategies.

10.2. You will be informed of fees amounts and their description, applicable billing periods, available payment methods via the Software. Payment methods available via the Software are determined by us at our sole discretion. Fees, calculation and payment periods may be subject to revision by Traders and/or Coinmatics with or without prior notification.

10.3. You shall pay all the applicable fees and any other amounts incurred by you or on your behalf through the Software, in the amounts that are in effect when such fees were incurred.

10.4. By subscribing to any of our services, including copying of any paid trading strategy or subscribing to trading signals, you authorize us to charge your preferred payment method at such time and again, as your subscription will automatically renew at the beginning of any subsequent billing period, unless canceled by you prior to the expiration of any billing period.

You acknowledge that your subscriptions are subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your payment method based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.

Upon the renewal of your subscription, if Coinmatics does not receive payment, you agree that Coinmatics may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription calculation period will begin as of the day payment was received).

10.6. You are responsible for checking fees amounts and billing periods regularly and in each instance before subscribing to any our services or making any interaction with the Software that may incur a fee.

10.7. It is your responsibility to determine whether, and to what extent, any taxes apply to any activities you perform through the Software, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We do not undertake any responsibility to store or archive any transaction information, nor does the Software has any such storage or archival capability.

10.8. Upon starting copying of any trading strategy, all the changes of your portfolio value will be evaluated in a digital asset (for example, in USDT or BTC) determined in advance by each Trader (“Control Asset”) and you will be informed of such Control Asset before you start copying trading strategy.

10.9. Please be aware that if within the billing period of copying of any paid trading strategy, Trader does not make any trading activity, but the value of your portfolio changes in comparison with Control Asset, then the Software may consider these changes as revenue from copy trading and we may calculate our fees from this revenue.

Please also be aware that if within the billing period of copying of any trading strategy you performed any trades at your linked account at Trading Platform, revenue from such trades may be considered as the revenue from copy trading and we may calculate our fees from revenue.

11. Limited warranties

11.1 We do not warrant or represent:
- (a) the completeness or accuracy of the information published on our website;
- (b) that the material on the website is up to date; or
- (c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 142.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Risks Disclosure. Assumptions of Risks.

THIS SECTION CONTAINS INFORMATION REGARDING SIGNIFICANT RISKS OF HOLDING AND PURCHASING CRYPTO CURRENCIES, TOKENS OR ANY CRYPTO ASSETS, USING TRADING PLATFORMS AND CRYPTOEXCHANGES AS WELL AS FOLLOWING ANY TRADING STRATEGIES OR TRADING SIGNALS. PLEASE READ THIS SECTION CAREFULLY.

12.1. You hereby represent and warrant that any of digital assets, which may from time to time be called digital tokens, digital coins, cryptocurrency, altcoins, digital assets, tokens and other blockchain-based assets (“Assets”) you own, hold, operate or interact anyhow were received by in accordance with applicable law and you did not conduct any violation of any law or crime regarding obtaining or selling any Asset through trading platforms or cryptoexchanges (collectively, “Trading Platforms”) supported by the Software.

12.2. Holding and purchasing Assets, creating Orders, use of the Software, following any trading strategy or trading signal involves significant risks and potential for financial losses, including without limitation the following:
- i. The features, functions, characteristics, operation, use and other properties of any Assets (“Asset Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any distributed ledger (blockchain)) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in Assets may be complex, technical or difficult to understand or evaluate.
- ii. Any Asset and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Asset or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a decentralized distributed ledger (blockchain) or other Underlying Technology.
- iii. Any Trading Platforms may be vulnerable to Attacks, including phishing attacks. Any Trading Platforms may cease to operate as expected due to various reasons, including Attacks, enforcement and regulatory activities, scamming activities, technical and communication issues. We do not monitor any Trading Platforms, even technically supported by our Software. We do not make any representation and warranty that these Trading Platforms are safe, secure, verified or verifiable, or of any value or quality or legality.
- iv. Any Trader can perform scamming or fraudulent actions, their strategies and trade signals can be meaningless, non-correct or fraudulent. Coinmatics does not verify any Traders, does not check their intentions, experience, skills or business reputation. Coinmatics does not guarantee or take any warranty of monitoring of any strategies, signals, activity of Traders for any purpose, including, but not limited to, economic viability, correctness, security, fraudulence, illegal actions.
- v. Any Asset, Asset Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of the Asset or blockchain.
- vi. Any Asset may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Asset Properties or failure of the Asset to operate as intended.
- vii. Any Asset may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Asset Properties or perceived value of Asset Properties, Attacks, suspension or cessation of support for an Asset by Trading Platforms, marketplace platforms or service providers, and other factors outside our control.
- viii. Any Asset may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Assets is unsettled and rapidly evolving.
- ix. Any Asset may be lost if sent to the wrong address (for example, but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Asset).
- x. Any transaction by you and your Trading Platform account involving an Asset may be viewable on a public blockchain ledger, including by regulatory authorities.
- xi. Coinmatics makes no representation whatsoever that any of the Assets that may be found through the Software, are safe, suitable, true to any representations made by the Asset sponsor, verified or verifiable, or of any value or quality or legality.
- xii. Coinmatics undertakes no responsibility for conducting any due diligence or screening process with regard to any Asset, Trader, Trading Platforms that are discoverable or technically supported by the Software.
- xiii. Coinmatics may at any time be required by governmental authorities to freeze accounts or provide information about users.
- xiv. Coinmatics may at any time, with or without prior notice to users, remove any Asset, Trader, Trading Platform from display or accessibility through the Software for any business or regulatory reason that it may deem appropriate.
- xv. Coinmatics may suspend or reject any of your subscription as it may consider necessary in order to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at our discretion.

12.3. The risks described in this Section 6 may result in loss of Assets, decrease in or loss of all value or exchangeability of Assets, inability to access or transfer Assets, inability to exchange Assets, inability to access any Trading Platform, inability to access any Trader, trading strategy or trading signal, and other financial losses to you. You hereby assume and agree that Coinmatics will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Coinmatics, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.

12.4. You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of Trading Platforms that you decide to use with our Software; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Assets, Traders, trading strategies or trading signals. You accept the risk of following any strategy or trading signal, using any Trading Platform acquiring any Asset as manually or while following any trading strategy and are solely responsible for conducting your own independent analysis of the risks specific to the Asset, Trading Platforms and respective Traders. You acknowledge that in exchanging any Asset, following any trading strategy that you are not relying in any manner on Coinmatics or its affiliates in making such exchange or following such strategy, and the fact that any particular Asset, trader or trading strategy are accessible or discoverable through the Software in no way constitutes any endorsement or indication that the Asset, trader or trading strategy have undergone any form of due diligence review or qualification, and in no way indicates any party’s opinion that the Asset or trading strategy are safe, suitable, true to any third party representations made, verified or verifiable, or of any value or quality or legality. You should not acquire or trade any Assets unless you have sufficient financial resources and can afford to lose all value of the Assets.

13. Disclaimers. Limitations and exclusions of liability

COINMATICS PROVIDES THE SOFTWARE. COINMATICS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. COINMATICS IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR.

YOU ACKNOWLEDGE AND AGREE THAT COINMATICS IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES OR YOUR INTERPRETATIONS OF THE DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE AND RELATED SERVICES IS AT YOUR SOLE RISK.

13.1. You acknowledge and agree that Coinmatics provides you informational services on cryptocurrencies as well as the service of personal cryptocurrency portfolio automation, including tools for asset allocation, automatic rebalancing and backtesting. You do not trade Assets on the Software, and the Software is not a trading platform or exchange. Rather, you access your own accounts on Trading Platforms through the Software.

13.2. You acknowledge and agree that the terminal functionality of the Software serves only as a user interface utility. All the information displayed via the Software is retrieved directly from the specified Trading Platforms, including, but not limited to, Binance, Bitfinex, Bittrex, Poloniex, Exmo, Hitbtc, Bybit and is not collected, compiled or in any manner modified or processed by the Software, including its user interface utility. You acknowledge and agree that all the Assets price charts displayed via the Software is based on the data from the corresponding Trading Platforms and are generated and updated by the corresponding third party.

13.3. Coinmatics cannot and does not represent or guarantee that any of the information or statistics, available through the Software including but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. Coinmatics does not guarantee timeliness of the technology or information involved in the Software. Coinmatics disclaims any liability for any loss or damage should you use or view information or statistics available through the Software.

13.4. While using the Coinmatics, you may be exposed to promotional materials that offer or present services of third parties. Coinmatics does not endorse any third-party websites or services. Coinmatics is not responsible or liable for any loss or damage should you use or view the third party’s service, and have no control over such services. It is your sole responsibility to understand fully the services and products being offered by such third party and the terms and conditions governing their services and products before transacting with such third parties.

13.5. You understand and agree that Coinmatics does not guarantee uninterrupted, secure access to any parts of the Software, and the operation of the Software may be disturbed by numerous factors beyond Coinmatics’s control. Coinmatics bears no responsibility under any circumstances for any problem that may be caused by using Trading Platforms. We do not make any guarantees regarding the time needed for execution of orders by any blockchain network or Trading Platforms since it is dependent on many external factors, such as the time it takes for block confirmation or other technical capability of any Trading Platform.

13.6. The Software and related services are provided on an “AS IS” and “AS AVAILABLE” basis. The Software and related services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

13.7. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA), EVEN IF A PARTY HAS BEEN ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SOFTWARE, INCLUDING AS A RESULT OF ANY (I) DENIAL OF ACCESS TO OR SUSPENSION OF ANY WALLET AT ANY TRADING PLATFORM PURSUANT TO THESE TERMS AND CONDITIONS, (II) OUR DISCONTINUATION OF ANY OR ALL PARTS OF THE SOFTWARE, AUTOMATION SERVICES OR GATEWAY SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SOFTWARE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS MADE BY YOU OR YOUR USE OF OR ACCESS TO THE SOFTWARE OR ANY TRADING PLATFORM; OR (C) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF WALLET OR OTHER DATA.

13.8. YOU ACCEPT RESPONSIBILITIES OF ALL ACTIVITIES AND CONTENTS GENERATED BY YOU ON THE SOFTWARE. YOU FURTHER ACKNOWLEDGE THAT COINMATICS DOES NOT ACT AS YOUR BROKER-DEALER, INTERMEDIARY, AGENT OR ADVISOR WITH RESPECT TO ANY ORDER OR REQUEST YOU MAKE OR PROPOSE TO MAKE VIA THE PLATFORM AND OWES YOU NO FIDUCIARY DUTY. ANY COMMUNICATION BY COINMATICS TO YOU SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, TAX, ACCOUNTING OR FINANCIAL ADVICE. ANY USE OR ACCESS TO THE SOFTWARE SHALL NOT BE CONSTRUED AS THE FACILITATION OF ANY SALE OR EXCHANGE OF SECURITIES AS AN EXCHANGE.

13.9. COINMATICS IS NOT AND SHALL NOT BE CONSIDERED AS REGULATED AND REGISTERED SECURITIES EXCHANGE, FINANCIAL INSTITUTION, INVESTMENT FIRM AND IS NOT SUBJECT TO THE SAME KIND OF REQUIREMENTS AS NATIONAL SECURITIES EXCHANGES OR ALTERNATIVE TRADING SYSTEMS, FINANCIAL INSTITUTIONS, INVESTMENT FIRMS.

13.10. Nothing in these terms and conditions will:
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law.

14. Breaches of these terms and conditions

14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- (a) send you one or more formal warnings;
- (b) temporarily suspend your access to our website;
- (c) permanently prohibit you from accessing our website;
- (d) contact any or all of your internet service providers and request that they block your access to our website;
- (e) commence legal action against you, whether for breach of contract or otherwise; and/or
- (f) suspend or delete your account on our website.

14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

15. Variation

15.1 We may revise these terms and conditions from time to time.

15.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

16. Assignment

16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17. Severability

17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

19.1 Subject to Section 1.1, these terms and conditions, together with our privacypolicy, fees policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

20. Law and jurisdiction

20.1 These terms and conditions shall be governed by and construed in accordance with Belarusian law.

20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Republic of Belarus.

Privacy Policy

Privacy Policy

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors and service users.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.4 In this policy, "we", "us" and "our" refer to Coinmatics. For more information about us, see Section 13.

2. How we use your personal data

2.1 In this Section 2 we have set out:
- (a) the general categories of personal data that we may process;
- (b) the purposes for which we may process personal data; and
- (c) the legal bases of the processing.

2.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent our legitimate interests, namely monitoring and improving our website and services.

2.3 We may process your account data ("account data"). The account data may include your nickname and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the the performance of an agreement between you and us and/or taking steps, at your request, to enter into such an agreements.

2.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your nickname, email address. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the performance of an agreement between you and us and/or taking steps, at you request, to enter into such an agreement.

2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

2.6 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your nickname, your contact details, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

2.7 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

2.8 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

2.9 We may process your crypto currency exchange transactions information ("trading data"). This data may include openings and closures and other details of your deals on crypto currency exchange markets. The source of this data is your accounts on crypto currency exchange platforms which you shared with us deliberately. This data may be processed for the purposes of providing relevant goods and/or services to you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.10 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.11 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.12 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.13 Please do not supply any other person's personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

3.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.3 We may disclose your trading data to our users insofar as reasonably necessary for fulfilling our obligations as per an agreement with our users. The legal basis for this disclosure is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.4 Financial transactions relating to our website and services are handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

3.5 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. Retaining and deleting personal data

4.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

4.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

4.3 Notwithstanding the other provisions of this Section 4, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

5. Amendments

5.1 We may update this policy from time to time by publishing a new version on our website.

5.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

6. Your rights

6.1 In this Section 6, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

6.2 Your principal rights under data protection law are:
- (a) the right to access;
- (b) the right to rectification;
- (c) the right to erasure;
- (d) the right to restrict processing;
- (e) the right to object to processing;
- (f) the right to data portability;
- (g) the right to complain to a supervisory authority; and
- (h) the right to withdraw consent.

6.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data when logged into our website.

6.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

6.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

6.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

6.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

6.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

6.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

6.10 To the extent that the legal basis for our processing of your personal data is:
- (a) consent; or
- (b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
- and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

6.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

6.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

6.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 6.

7. About cookies

7.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

7.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

7.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

8. Cookies that we use

8.1 We use cookies for the following purposes:
- (a) authentication - we use cookies to identify you when you visit our website and as you navigate our website;
- (b) status - we use cookies to help us to determine if you are logged into our website;
- (c) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
- (d) analysis - we use cookies to help us to analyse the use and performance of our website and services; and
- (e) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.

9. Managing cookies

9.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
- (a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- (b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
- (c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- (d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
- (e)https://support.apple.com/kb/PH21411 (Safari);
- (f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge);

9.2 Blocking all cookies will have a negative impact upon the usability of many websites.

9.3 If you block cookies, you will not be able to use all the full list of features on our website.

10. Our details

10.1 This website is owned and operated by Coinmatics.

10.2 We are registered in Republic of Belarus and our registered office is at 40-603 Nemiga street, Minsk, Belarus.

10.3 You can contact us:
- (a) by post, to the postal address given above;
- (b) using our website contact form;
- (c) by email, using the email address published on our website.

Risks Disclosure Statement

Risks Disclosure Statement

Holding or purchasing digital assets, which may from time to time be called cryptocurrency, digital tokens, digital coins, altcoins, digital assets, tokens or other blockchain-based assets (“Assets”), creating, sharing and discovering intentions to exchange Assets (“Orders”), copying any trading strategies or trading signals, and use of the Coinmatics Software, involves significant risks and potential for financial losses, including without limitation the following:

  1. The market for Assets is still new and uncertain. No-one should have funds invested in Assets or speculate in Assets that he/she is not prepared to lose entirely. Whether the market for one or more Assets will move up or down, or whether a particular Asset will lose all or substantially all of its value, is unknown.
  2. The features and properties of any Assets and the applicable technology used to administer, create, issue, transfer, cancel, use or transact in Assets may be complex, technical or difficult to understand or evaluate.
  3. Any Asset and its underlying technology may be vulnerable to security, integrity or operation attacks.
  4. Any trading platforms or cryptoexchanges (collectively, “Trading Platforms”) may be vulnerable to attacks, including phishing attacks. Any Trading Platforms may cease to operate as expected due to various reasons, including Attacks, enforcement and regulatory activities, scamming activities, technical and communication issues.
  5. Any trader or signal provider (collectively, “Trader”) can perform scamming or fraudulent actions, their strategies and trade signals can be meaningless, non-correct or fraudulent.
  6. Any Asset, its features or its technology may change or stop operating as expected due to changes in its technology, features or functions, or because of changes resulting from any attack. These may include a “fork” or “rollback” of the Asset or blockchain.
  7. Any Asset may be cancelled, lost or double-spent. Assets may also lose all or most of their value, due to forks, rollbacks, attacks, changes to its functions or failure to operate as intended.
  8. The legal status of some Assets may be uncertain. This means that the legality of holding or trading them may also be unclear. You are responsible for knowing and understanding how Assets will be regulated, and taxed in certain jurisdictions.
  9. All the information displayed via the Software is retrieved directly from the specified Trading Platforms, including, but not limited to, Binance, Bitfinex, Bittrex, Poloniex, Exmo, Hitbtc, Bybit and is not collected, compiled or in any manner modified or processed by the Software, including its user interface utility. All the Assets price charts displayed via the Software is based on the data from the corresponding Trading Platforms and are generated and updated by the corresponding third party. You should not rely solely on the displayed information.
  10. Any of the information available on the Software, for example, the charts, may not be accurate, reliable or appropriate for your needs.
Fees Policy

Fees Policy

This Fees Policy describes how we calculate fees for usage of our Software and related services. By accessing the Software you agree with this Policy.

In consideration for access to the Software and related services, traders and signal providers (collectively, “Traders”), and / or Coinmatics may take fees based on your copying of trading strategies or trading signals, usage of trading statistics, usage of user interfaces for trading platforms or usage of other related services.

Coinmatics applies several types of fees for usage of the Software and related services. For example, fee for copying of paid trading strategies is determined as a percentage of revenue from copy trading, fee for subscription to trading signals is set as a monthly payment. Traders determine at their sole discretion the amount of fee for copying their strategies and for subscribing to their trading signals as well as Traders set billing period applicable to their trading strategies.

You will be informed of fees amounts and their description, applicable billing periods, available payment methods via the Software. Payment methods available via the Software are determined by us at our sole discretion. Fees, calculation and payment periods may be subject to revision by Traders and/or Coinmatics with or without prior notification.

You shall pay all the applicable fees and any other amounts incurred by you or on your behalf through the Software, in the amounts that are in effect when such fees were incurred.

By subscribing to any of our services, including copying of any paid trading strategy or subscribing to trading signals, you authorize us to charge your preferred payment method at such time and again, as your subscription will automatically renew at the beginning of any subsequent billing period, unless canceled by you prior to the expiration of any billing period.

You acknowledge that your subscriptions are subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your payment method based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.

Upon the renewal of your subscription, if Coinmatics does not receive payment, you agree that Coinmatics may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription calculation period will begin as of the day payment was received).

You are responsible for checking fees amounts and billing periods regularly and in each instance before subscribing to any our services or making any interaction with the Software that may incur a fee.

It is your responsibility to determine whether, and to what extent, any taxes apply to any activities you perform through the Software, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We do not undertake any responsibility to store or archive any transaction information, nor does the Software has any such storage or archival capability.

Upon starting copying of any trading strategy, all the changes of your portfolio value will be evaluated in a digital asset (for example, in USDT or BTC) determined in advance by each Trader (“Control Asset”) and you will be informed of such Control Asset before you start copying trading strategy.

Please be aware that if within the billing period of copying of any paid trading strategy, Trader does not make any trading activity, but the value of your portfolio changes in comparison with Control Asset, then the Software may consider these changes as revenue from copy trading and we may calculate our fees from this revenue.

Please also be aware that if within the billing period of copying of any trading strategy you performed any trades at your linked account at Trading Platform, revenue from such trades may be considered as the revenue from copy trading and we may calculate our fees from revenue.

You hereby acknowledge and agree that not all the trading signals may be replicated to your account due to various reasons including, but not limited to: i) difference in value of the Trader’s portfolio and your portfolio as Trading Platforms may set minimum limits of orders amount executed via these corresponding Trading Platforms, ii) technical restrictions or problems of Trading Platforms, iii) technical restrictions or problems of the Software or gateways to Trading Platforms.